Scottish Executive

Charities

Kate Maclean (Dundee West) (Lab): To ask the Scottish Executive when it will announce the location of the Office of the Scottish Charity Regulator and what plans it has to take forward the charity law agenda.

Ms Margaret Curran: In my statement on charity law on 28 May, I set out the Executive’s intentions for improving charity law and the regulation of charities. I have now given further thought to our strategy for taking forward this agenda and, in particular, our partnership commitment to legislate on charity law. My intention is to adopt a strategy which will involve, firstly, taking rapid steps to establish the Office of the Scottish Charity Regulator (OSCR); secondly, an early consultation with the charitable sector and other interested parties on what should be included in the legislation which we will be bringing forward, and finally, following that consultation, an announcement of our decisions on the overall content of the legislation.

  In relation to the first of these commitments, I am now in a position to announce that, having completed a thorough review of potential locations for this body, in keeping with the Executive’s policy of dispersing public sector jobs throughout Scotland, we have decided that the Office of the Scottish Charity Regulator will be located in Dundee. This will see in the region of 30 new posts being created initially, bringing welcome additional employment to the area. This announcement will be followed quickly by other steps towards the establishment of OSCR, including the appointment of key staff.

  As far as consultation with the sector is concerned, I made clear in my earlier statement that we were committed to legislating on charity law and had not ruled out the option of such legislation making provision for a statutory basis for the regulator. I am anxious to take the views of the charitable sector on this and on other issues that might be included in future legislation. To this end, I am proposing to consult further with the sector over the summer, by means of a listening seminar, to which I intend to invite a cross section of sector and other representatives. I wish to rule nothing in or out of that discussion and I will listen carefully to what is said about how best, through legislation, we can take this agenda forward. Once my colleagues and I have had an opportunity to consider the views put to us through this process, we will announce our full legislative intentions.

Common Agricultural Policy

Richard Lochhead (North East Scotland) (SNP): To ask the Scottish Executive what the outcome was of the negotiations on the Common Agricultural Policy.

Ross Finnie: I refer the member to the answer given to question S2W-1179 on 26 June 2003. All answers to written parliamentary questions are available on the Parliament’s website, the search facility for which can be found at http://www.scottish.parliament.uk/webapp/wa.search .

Digital Technology

Mr Kenny MacAskill (Lothians) (SNP): To ask the Scottish Executive how much it cost to create the broadband trading platform in respect of the bandwidth exchange Band X and how much the project, as a whole, cost; whether a commercial rate of return is being sought in respect of the project; what the project’s operating criteria are, and how many customers there are for it.

Mr Jim Wallace: These are operational matters for Scottish Enterprise.

Education

Mr Kenneth Macintosh (Eastwood) (Lab): To ask the Scottish Executive what its policy is on exclusion from, and violence and disruptive behaviour in, schools.

Peter Peacock: The target on exclusions was helpful in setting a clear direction of travel and as a stimulus to the development of alternatives to exclusion. We remain committed to seeing a trend of reductions in exclusions but based on the application of the best available management practices, not on a specific target. No target should override judgements on a case-by-case basis where decisions must be made in accordance with the best interests of the staff and other pupils and of the child.

  The Scottish Executive is committed to supporting teachers and taking a firm approach to discipline. Exclusion is a sanction schools may use. It should sit within a wider framework of effective policies and practices on discipline within which exclusion is a legitimate last resort. Our policy on exclusion recognises the need to ensure the rights of the majority of pupils, who are hard working and well behaved, and of teachers to enjoy a positive learning environment. We also have an obligation to address the needs and observe the rights of pupils involved in disruptive behaviours.

  The way to reduce exclusions lies in determined, sustained, long-term, effective management and sound and consistent policies which make a real difference to behaviour in schools. That was the clear message from the Discipline Task Group (DTG). There is excellent practice in many Scottish schools and implementation of the DTG recommendations is making further improvements. Since 2000 we have allocated £33 million to authorities to implement the DTG recommendations, with a further £10 million to follow in each of the next two years. This is in addition to the £10 million a year we have been providing since 1999 to fund alternatives to exclusion, increased to £11 million from this year.

  We are building on the work of the DTG with the establishment of two expert groups: one to look at discipline in corridors, playgrounds and other out of class areas, and the other to look at involvement of parents in ways which improve behaviour in schools.

  We are also appointing a development officer to help authorities with implementation and assist in the sharing of experience and good practice. Finally, we are facilitating a series of "masterclasses" for headteachers. These will commence in the autumn and will be an opportunity for all headteachers to discuss and share best practice in behaviour management.

  We will continue to record incidents of violent and anti-social behaviour towards teachers in schools to monitor trends and we will encourage consistency in recording practices to give an ever more reliable base to such statistics. This information, together with other data and expert advice from education professionals and others, will form the basis of future policy action.

  By these means, and with the commitment and professionalism of teachers and other school staff, I am confident that we can ensure that all pupils can benefit from a high quality education in a well ordered learning environment.

Genetically Modified Crops

Mr Rob Gibson (Highlands and Islands) (SNP): To ask the Scottish Executive, further to the answer to the question S2O-169 by Allan Wilson on 12 June 2003, whether it will fund local outreach meetings as part of the United Kingdom's public debate on genetic modification.

Mr Rob Gibson (Highlands and Islands) (SNP): To ask the Scottish Executive whether one public meeting held in Glasgow as part of the United Kingdom's public debate on genetic modification is sufficient to sample Scottish public opinion.

Mr Rob Gibson (Highlands and Islands) (SNP): To ask the Scottish Executive when, and where, local outreach meetings will take place in Scotland as part of the United Kingdom's public debate on genetic modification.

Ross Finnie: I refer the member to the answer given to question S2W-822 on 25 June 2003. All answers to written parliamentary questions are available on the Parliament’s website, the search facility for which can be found at http://www.scottish.parliament.uk/webapp/wa.search .

Health

Dr Elaine Murray (Dumfries) (Lab): To ask the Scottish Executive whether any of its guidelines prevent the issue of small oxygen cylinders under prescription from the NHS and, if so, what the reasons are for its position on the matter.

Mr Tom McCabe: Portable oxygen equipment is not currently available on GP prescription. However, the Minister for Health and Community Care made a policy commitment in October 2002 that small oxygen cylinders would be added to the Scottish Drug Tariff. We are currently working on the details of implementation, and intend to make small oxygen cylinders available on GP prescription by the end of the summer.

Justice

Miss Annabel Goldie (West of Scotland) (Con): To ask the Scottish Executive what percentage of fiscal fines have been paid in full in each of the last four years.

Cathy Jamieson: The information requested is not held centrally. Fiscal fines are collected by district courts which are the responsibility of local authorities.

Justice

Dr Elaine Murray (Dumfries) (Lab): To ask the Scottish Executive whether it intends to review the bail system.

Cathy Jamieson: The laws on bail are under constant review.

  In 2000 the Parliament enacted the Bail, Judicial Appointments etc (Scotland) Act 2000, which ended the statutory exclusion to the granting of bail by a sheriff, removed the requirement of the accused having to apply for bail and required the court to consider bail for a new offence while the accused is in custody for a previous offence.

  Also in 2000 we announced a review of the effectiveness of the powers of the courts to impose aggravated sentences for those convicted of offences committed while on bail. Two research projects were commissioned as part of the review. The first was completed in 2002 and the second is due to be completed shortly. We will then consider whether changes to the law or practice in this area are required.

  More recently we introduced, in the Criminal Justice (Scotland) Act 2003, new rights for the Crown to be heard when bail is being sought by a convicted person pending the determination of an appeal by him. And in our document, A Partnership for a Better Scotland: Partnership Agreement, setting out the Executive’s policies for the next four years we have undertaken to set up a judicially led Sentencing Commission which will as part of its remit review the use of bail and remand.

Maternity Services

Pauline McNeill (Glasgow Kelvin) (Lab): To ask the Scottish Executive what percentage of mothers giving birth are in need of immediate acute care.

Malcolm Chisholm: The information requested is not held centrally.

Mental Health

Donald Gorrie (Central Scotland) (LD): To ask the Scottish Executive what steps it is taking to address any shortage of psychiatric specialist clinicians and nurses in Lanarkshire Acute Hospitals NHS Trust.

Mr Tom McCabe: The Executive is working closely with NHS Scotland and professional bodies to build capacity within NHSScotland across all specialties, including psychiatry.

  The Scottish Executive has committed to 375 more junior doctors by 2004 and 600 more consultants by 2007, which will help in shortage specialties.

Mental Health

Donald Gorrie (Central Scotland) (LD): To ask the Scottish Executive how many psychiatric specialist posts are unfilled, or filled by short-term or locum contract, broken down by grade and specialism for each of the last five years, expressed also as a percentage of optimum staffing levels per grade, in each NHS board.

Mr Tom McCabe: The information required is substantial and I will write to the member with a full response and place a copy in the Parliament's Reference Centre.

Mental Health

Mr Adam Ingram (South of Scotland) (SNP): To ask the Scottish Executive what plans there are to withdraw the use of Seroxat as an anti-depressant for those under 18.

Malcolm Chisholm: The regulation of medicines is a reserved matter and is the responsibility of the Medicines and Healthcare products Regulatory Agency (MHRA).

  New data from clinical trials of Seroxat in children and adolescents were received by the MHRA at the end of May 2003. These new data have been reviewed by an Expert Working Group on SSRIs and the Committee on Safety of Medicines (CSM), an independent scientific advisory committee. They do not demonstrate efficacy in depressive illness in this age group and show an increase in the risk of suicidal thoughts and behaviour in the Seroxat group compared to placebo. On the basis of these data, CSM has advised that Seroxat should not be used in children and adolescents under the age of 18 years to treat depressive illness.

NHS Staff

Carolyn Leckie (Central Scotland) (SSP): To ask the Scottish Executive whether records in respect of entitlement to compensatory rest are available from NHS trusts.

Malcolm Chisholm: NHS HDL (2003) 3, issued to trusts on 7   February 2003, requires all NHSScotland employers to record staff entitlements to compensatory rest.

NHS Staff

Carolyn Leckie (Central Scotland) (SSP): To ask the Scottish Executive whether compensatory rest is given to all NHS staff who are entitled to it.

Malcolm Chisholm: NHS HDL (2003) 3, issued to all NHSScotland Trusts on 7   February 2003, requires all NHSScotland employers to hold documentary records on compensatory rest. The information requested is not held centrally.

Nursing

Mrs Margaret Smith (Edinburgh West) (LD): To ask the Scottish Executive what measures it will introduce to limit the number of agency nurses working in the NHS.

Malcolm Chisholm: The Executive remains committed to building the capacity of NHSScotland.

  A range of recruitment and retention measures have been introduced to help build capacity within the nursing and midwifery workforce.

  As part of our on-going commitment to this improvement agenda, we will increase our programme to train, recruit and retain nurses and midwives, bringing 12,000 into the NHS by 2007. We will continue to support new ways of working that reflect best practice and offer innovative solutions to workforce issues. We will also implement nationally co-ordinated nursing bank arrangements to assist nurse placement across Scotland. Combined, these measures will reduce the reliance on the use of agency nurses.

Prostitutes

Margo MacDonald (Lothians) (Ind): To ask the Scottish Executive what progress has been made on the establishment of the expert group on prostitution.

Cathy Jamieson: I have invited Sandra Hood OBE, retired Assistant Chief Constable of Strathclyde Police, to chair the expert group on prostitution. An announcement of the full membership and remit of the group will be made in due course.

Public Transport

Mr Kenny MacAskill (Lothians) (SNP): To ask the Scottish Executive what awards have been made under the Public Transport Fund since 1999; what information is available about sums expended by, and the state of delivery reached in respect of, each project that has received such awards, and whether any projects funded by awards from the Transport Challenge Fund have not been delivered and, if so, whether it will give details of such projects.

Nicol Stephen: Projects awarded funding from the first four rounds of the Public Transport Fund are identified in the regional leaflets associated with the Scottish Executive transport delivery report, Scotland’s Transport: Delivering Improvements , which was published in March 2002 and is available at http://www.scotland.gov.uk/library3/transport/stdi-00.asp. Those projects receiving awards under the fifth and final round of the Public Transport Fund were announced on 14 November 2002 (http://www.scotland.gov.uk/pages/news/2002/11/SEET181.aspx). The relevant authorities in receipt of grant are responsible for delivery of these projects.

  Angus Council’s A92 Arbroath to Dundee upgrading project received an allocation from the Transport Challenge Fund, but has not as yet been completed due to delays in securing the necessary Compulsory Purchase Orders and Road Orders. I understand that the council expects to conclude negotiations with the preferred bidder by the end of July 2003, with a start on site by autumn 2003.

Public Transport

Mr Kenny MacAskill (Lothians) (SNP): To ask the Scottish Executive what plans it has to provide CCTV coverage on buses; whether it will make funding available for this purpose, and, if so, how much funding and what the criteria will be to qualify for such funds.

Nicol Stephen: This is primarily a matter for the bus industry. Whilst the Scottish Executive is not responsible for the provision of CCTV coverage on buses, resources have been made available under the Public Transport Fund to local authorities such as Dundee City Council and Glasgow City Council for such provision as part of a wider programme of bus improvements.

Rail Network

Mr Rob Gibson (Highlands and Islands) (SNP): To ask the Scottish Executive whether it will include provision of a Dornoch rail bridge in its plans for upgrading the rail network.

Nicol Stephen: I understand that there are currently no plans to provide a Dornoch rail bridge. The responsibility for the upgrade of the railway network is a matter for the Strategic Rail Authority in conjunction with Network Rail.

Roads

Donald Gorrie (Central Scotland) (LD): To ask the Scottish Executive which of the contractors who expressed an interest in bidding for groundworks contracts in relation to the construction of the new Auchinkilns interchange on the A80 have withdrawn their interest and what the reasons for any withdrawals were.

Nicol Stephen: Barr Limited and Mowlem plc withdrew from the opportunity to bid for the construction of the A80 Auchenkilns Interchange. In each case the reason given was conflict with other business opportunities.

Royal Mail

Mr Kenny MacAskill (Lothians) (SNP): To ask the Scottish Executive what impact the Royal Mail’s proposal to cease rail operations will have on the (a) road network and (b) number of lorry (i) journeys and (ii) miles travelled (1) daily and (2) annually.

Nicol Stephen: The information requested is not held centrally.

Voluntary Sector

Robert Brown (Glasgow) (LD): To ask the Scottish Executive what the membership is of the working group on volunteering referred to in its news release SEfm133/2003 of 4 June 2003 and whether the group has been directed to ensure that existing voluntary and non-profit organisations, such as the Woodlands Youth Initiative in Glasgow and Universal Connections in Cambuslang, are consulted in the development of the Scotscorps scheme and will benefit from its implementation.

Ms Margaret Curran: The composition of the working group that will oversee the introduction of the Scotscorps scheme announced by the First Minister will be announced in due course.

  The views of appropriate voluntary sector interests will be sought as the working group develops its proposals in order to maximise both their engagement and potential benefit.